The justices have been accepting briefs as they consider whether or not to hear the case. At issue is whether the tribe qualifies for the land-into-trust process.

The federal government is firmly in the tribe's corner and finally submitted a brief on March 1 that calls on the court to reject the petition. The Trump administration says Bureau of Indian Affairs made the right call when it approved the land-into-trust application for the casino.

A group of non-Indian opponents, including card clubs whose profits are threatened by ilani, filed one last brief on Wednesday in hopes of convincing the justices to hear the dispute. They believe the Supreme Court's decision in Carcieri v. Salazar, a case from 2009, bars the tribe from following the land-into-trust process.

The ilani Casino Resort in Washington is due to open in late April 2017. Photo: Construction
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In Carcieri, the court said a tribe must have been "under federal jurisdiction" in 1934 to qualify. The Cowlitz didn't receive formal recognition until 2000.

The BIA, however, concluded that the tribe passed the test. The federal government engaged in treaty negotiations, issued land allotments to Cowlitz citizens and took other actions that confirmed that the tribe was "under federal jurisdiction" in 1934, the Department of Justice argued in the brief.

The competing arguments are now being reviewed by the justices, who have scheduled a closed-door conference on March 31 to consider the petition, according to Docket Sheet No. 16-572. They are expected to issue an order sometime following their meeting that will determine if the case is going on the docket.